Two jobs can I be on sick leave from one

[Picklepsych]

looking for some advice please to check I am right! I have 2 NHS jobs two different organisations. Each know about the other role and they never overlap
in job one I have now got unbearable work related stress due to managerial mismanagement of a colleagues under performance for many years.
colleague goes on extended sick leave but
each time leaves 6 months where he does not write letters or notes leaving me carrying a lot of risk. This is about the fourth time and I’m at the end of my terher
job 2 no such work related stress
my GP has done me a fit note saying I am fit for job 2 not job one and I asked for a referral to occupational health. Now a message has come via HR of job 1 to say they think this is fraudulent and I should be off from both jobs
I’m 99% sure I am right but do not know what to do.OH can’t see me till 1 October. Do I just go back to job 1 and suck it up? I am genuinely worried if I do this my stress will increase further to the point I cannot do job 2 either
I feel I am being scapegoated to a degree despite me raising concerns over many years about the colleague
WWYD

You're not sick... You're sick of the job.

What does your union rep advise? They should be able to get free legal advice for you.

I would ask the union for advice, as suggested. But I think you’re on dodgy ground… you can’t really be sick only on specific days.

Resign from job 1 or ask to be seconded, then find another within the NHS. This is not sick leave.

Resign from Job 1 and make it very clear to senior management why.

If possible increase your hours in Job 2 or find a second PT job

In my opinion, if you're not fit for work, you're not fit for work. They'll likely be something in your contract that covers this scenario.

I am incredibly stressed and do not sleep the day before job one. I am also anxious about the risk I am carrying for patients and if something goes wrong because of my colleagues conduct it js me that gets the blame risking my professional registration. It impacts my ability to do my job hugely
Job 2 does not have any of that.
I do not feel I should resign as I then halve my income and none of this is my fault
I can explore secondment / transfer
But if I go back to work there risks a further escalation and I do also become too unwell to do job 2.
I have a MH condition already which is covered by the equality act that I have to manage carefully. Poor sleep is a risk factor for it spiralling
I can see if I can get union advice

It is possible to be sick for one job but not another. E.g a shelf stacking job and an desk based job, but you've broken your leg. You can still work at a desk but can't stack shelves.

However, sick leave isn't going to fix the issues you have in job one, and I think you need to start looking for a replacement. Otherwise you'll just keep coming back to this point over and over. Life is too short to stay in a shit job that saps your health and sanity.

It the NHS, but HR at my work confirmed to me a couple of weeks ago it is permitted to be off sick on one job and not the other

You need to leave the job you hate

Agree you need to get union rep advice.

I “think” it’s possible to be sick from only one job. I broke my leg a while back and had two jobs - I was “sick” from my main job because my office was top floor and occ health deemed me a risk if there was to be a fire and lifts were off/I couldn’t safely negotiate the stairs in an emergency. I had a second job in a college where I was only on the ground floor so they didn’t have a problem with me continuing to work. This was however about 12 years ago and things may have changed.

Your fit note specifically says you are fit for one job and not the other, so how can it be fraudulent? I would get your union involved, if you are in one. If not, I would give the ACAS helpline a ring.

Your HR are incorrect.

Its fine to be unfit to work one job but be ok for the other, depending on the reason why of course!

They are ignoring the fact that you are signed off for work related stress. Seek advice if you can but otherwise I would reply to say you expect the GPs for note to be followed and you will await the OH review.

yoi could also say you are willing to discuss the work related stress issues and a return to work as soon as possible, once they have identified how to resolve them.

This has clearly been escalating OP, so what, to date, have you done to address the issues with Job 1?

You can absolutely be fit to do one job and not fit to do another job.

For example someone could have broken a leg and be unable to do a job that requires physical activity while being still fit to do a second job which is purely desk based.

It also is possible to be unfit to do one job where the toxic environment makes you too stressed to function (so the job environment is causing you to be unwell which is why your GP is signing off that one job) while being able to do a second job where you are not exposed to stress/bullying and so on.

There is nothing fraudulent about that and this HR team should know better. They also should not be harassing you while you are on sick leave. Very silly behaviour from them and they are opening themselves to an employment tribunal case. Speak to ACAS.

Your opinion is not fact...

What you are saying is incorrect.

I'd ask HR to show you the legislation or case law their accusation is based on.

You absolutely can be fit to work under one set of conditions and not under another, but yes in the NHS I'd expect you to involve your union.

No you can’t do that. I was in a similar situation once. I had broken my arm so couldn’t work on my ward. I had a bank job involving phon calls. Was told categorically I couldn’t do one and be off sick from the other.

I have made complaints to managers, escalated in the Trust provided evidence and endlessly sorted the problems that have arisen. I’m always assured it will be sorted out and it never is

I’d be having this conversation with HR then in relation to your doctors note

They were still wrong.

No you can’t. From a GP point of view (who issues the fit note) you’re either too unwell to work or you aren’t. There are three boxes. Able to work, unable to work and able to work with certain adaptations.

There’s no way for them to specify one job not the other.

Except that OP's GP has done exactly that.

Google and .gov think you can be sick from one job and fit to work in another

www.gov.uk/employers-sick-pay/eligibility-and-form-ssp1